Are Online Waivers Legal in Washington State?

From ski schools in the Cascades to climbing gyms in Seattle and kayak tours in the San Juans, Washington businesses ask customers to sign a lot of waivers. Washington courts do enforce releases, especially for adult recreation, and they pay close attention to how the release looks on the page. This guide covers Washington's electronic signature law, the three exceptions courts apply, conspicuousness, the rule for minors, and what else a signed agreement does for you.

This guide is general information about Washington law, with links to the statutes and cases, so you and your attorney can look into anything that applies to your business.

Waiver Law in Washington at a Glance

Are Electronic Signatures Legal in Washington?

Yes. In 2020 Washington adopted the Uniform Electronic Transactions Act as chapter 1.80 RCW (2020 c 57). RCW 1.80.060 says a record or signature "may not be denied legal effect or enforceability solely because it is in electronic form," and "If a law requires a signature, an electronic signature satisfies the law." The federal ESIGN Act (15 U.S.C. 7001) applies the same rule to interstate commerce. A waiver signed on a phone or tablet is a signed waiver.

Are Liability Waivers Enforceable in Washington?

Generally yes, for recreational activities. In Scott v. Pacific West Mountain Resort, 119 Wn.2d 484 (1992), the Washington Supreme Court said exculpatory clauses are enforceable unless:

1. they violate public policy,
2. the negligent act falls greatly below the standard established by law for protection of others (gross negligence), or
3. they are inconspicuous.

The Washington Supreme Court has also said that "releases are enforceable in the setting of adult high-risk sports activities," pointing to earlier cases involving mountain climbing, scuba diving and skiing (Vodopest v. MacGregor, 128 Wn.2d 840 (1996)).

The Public Policy Exception

Washington uses the six Tunkl factors to decide whether a release violates public policy. In Wagenblast v. Odessa School District, 110 Wn.2d 845, 758 P.2d 968 (1988), the court looked at whether the service is regulated, important to the public, offered to anyone, involves unequal bargaining power, uses a standardized adhesion contract, and places the person under the provider's control. It held releases that school districts required for interscholastic sports void. In Vodopest, the court held that a release could not shield a medical researcher from negligence in the course of medical research, even though the research took place on a mountain trek. Most private recreational businesses aren't in these categories, but the label on an activity doesn't decide the question; the court looks at what is actually going on.

Conspicuousness

This is where many Washington releases are challenged. In Johnson v. UBAR, LLC, 150 Wn. App. 533 (2009), the Court of Appeals listed factors courts consider:

• whether the waiver is set apart or hidden within other provisions,
• whether the heading is clear,
• whether it is in capital letters or bold type,
• whether there is a signature line below the waiver,
• what language appears above the signature line, and
• whether it is clear that the signature is related to the waiver.

In Johnson, reasonable people could disagree about whether the waiver was conspicuous, so the court reversed summary judgment for the business and sent the case toward trial. The question is whether the release language is so inconspicuous that a person could have signed it unwittingly.

A 2025 decision shows the other side. In Jablonsky v. Recreation Equipment, Inc. (No. 86797-1-I, Wash. Ct. App. June 9, 2025, unpublished), a cyclist who had signed a bike shop service agreement without reading its back page was hurt after a tune-up. The court found the release conspicuous: the signature block repeated "release of liability" in capitals and pointed to the back page, which was headed "WARNING AND RELEASE OF LIABILITY: PLEASE READ CAREFULLY BEFORE SIGNING." The court said the release was "clearly titled and set apart," and that someone who signs without reading is bound if they had ample opportunity to examine the contract.

Gross Negligence and Intentional Harm

Under Scott, a release does not protect against conduct that falls greatly below the legal standard of care, which Washington courts treat as gross negligence. A release can't be counted on to cover gross negligence, reckless conduct or intentional harm.

Waivers for Minors in Washington

Scott is also the leading minors case. A boy named Justin was injured while enrolled in a ski school, and a release had been signed on the family's behalf. The court held that the parents' own cause of action was barred by the release, but that "a parent does not have legal authority to waive a child's own future cause of action for personal injuries resulting from a third party's negligence." In the court's words, "Justin's parents' cause of action is barred by the release; Justin's own cause of action is not barred."

So in Washington, a parent's signature can release the parents' own claims arising from the child's injury, while the child keeps the right to sue for the child's own injuries.

Washington Activity Laws

• Equine activities. RCW 4.24.540 says an equine activity sponsor or professional is not liable for injury to a participant engaged in an equine activity, with exceptions including faulty equipment, failing to assess the participant's ability, known dangerous latent conditions without conspicuous warning signs, willful or wanton disregard for safety, and intentional injury.
• Skiing. Chapter 79A.45 RCW sets skier duties, including that a person is "the sole judge of his or her ability to negotiate any trail, run, or uphill track" and that "the primary duty shall be on the person skiing downhill to avoid any collision."

More Than a Release

A signed agreement does other work for Washington businesses:

• The parents' own claims. Under Scott, a parent's signature can release the parents' own claims arising from a child's injury.
• A record of your warnings and rules. A form that describes the activity's risks and your rules, with each one acknowledged, is evidence of what each guest was told before they took part. How much it matters depends on the facts.
• Ability and experience. The equine statute's exceptions include failing to assess a participant's ability, and the answers riders give about their experience are a record of what you asked.
• Medical information and consent. Health conditions, emergency contacts, consent to treatment and photo consent, collected before anyone takes part.

Points to Raise With Your Attorney

WaiverFile doesn't draft waivers, and the wording of your agreement is a job for you and your attorney. Based on the cases above, these are points worth raising, especially about layout:

• How the release stands out. The Johnson v. UBAR factors look at headings, bold or capital text, whether the release is set apart, and where the signature line sits.
• The words above the signature. Johnson looked at what language appears above the signature line, and the court in Jablonsky pointed to "release of liability" repeated in the signature block.
• The setting. Vodopest describes releases as enforceable for adult high-risk sports, and Wagenblast shows how the public policy factors work for services the public relies on.
• Parents and children. Scott treats the parents' own claims and the child's claims differently.
• The record. Who signed, when, and which version of the form they saw.

How WaiverFile Helps Washington Businesses

Once your agreement is written, WaiverFile makes it easy for every guest to sign it and keeps a complete, easy-to-find record of each one:

• Your agreement, laid out your way. Add the agreement text you and your attorney prepared, and use the editor's formatting options (bold, capitals, font size) to lay it out the way it was written, with headings that set the release apart. The wording and format are up to you.
• A checkbox or initials where you want them. Add initial boxes inside the agreement text and required checkboxes for the paragraphs, risks and rules you choose, so each one has its own acknowledgment.
• A record of what was signed. Each signed form stores the signature, the answers, and the date and time, plus the IP address and device for online signing. Add a photo of each signer or their ID if you like.
• Families on one form. A parent or guardian signs for themselves and adds each child by name and date of birth, and minors are flagged at check-in.
• Experience and medical questions. Required questions capture experience, health conditions and emergency contacts. HIPAA features add extra protection for health information.
• Sign anywhere. Guests sign ahead by email, text, QR code or your website, with time to read, or on a tablet on-site, in multiple languages, and the Venue app works offline. Waivers are built into online booking, so you see each guest's status at check-in.
• Records you can produce. Search any waiver in seconds, send guests an email copy, or download signed waivers in bulk as a ZIP file for any date range.

Start with one of our free waiver templates, adapt it for Washington with your attorney, and set up a free account to start collecting signatures.

Sources and Further Reading

• Chapter 1.80 RCW (Uniform Electronic Transactions Act, RCW 1.80.060)
• 15 U.S.C. 7001 (federal ESIGN Act)
• Scott v. Pacific West Mountain Resort, 119 Wn.2d 484 (1992)
• Wagenblast v. Odessa School District No. 105-157-166J, 110 Wn.2d 845, 758 P.2d 968 (1988)
• Vodopest v. MacGregor, 128 Wn.2d 840 (1996)
• Johnson v. UBAR, LLC, 150 Wn. App. 533 (2009)
• Jablonsky v. Recreation Equipment, Inc., No. 86797-1-I (Wash. Ct. App. June 9, 2025) (unpublished)
• RCW 4.24.540 (equine activities)
• Chapter 79A.45 RCW (skiing and commercial ski activity)

Published November 4, 2026